Helping The People Of Leicester With Wills & Probate

At Smith Partnership in Leicester, we provide comprehensive estate preservation and administration legal services.  We advise upon and draft Wills and Lasting Power of Attorney that help clients protect their homes and money for loved ones and we also help families navigate the process of administering an estate after the death of a loved one.   Our dedicated team of experts is equipped to handle even the most complex estates, from intricate financial and business matters to sensitive family issues. 

We have experienced the trauma and upset that losing a loved one causes and understand the costs and disputes that arise when there are inadequate plans to protect financial and personal matters. That’s why we understand how important it is to focus on delivering clear, practical, and jargon-free guidance to ensure the process is as straightforward as possible. Whether you need assistance with drafting a will, or handling the administration of an estate or trust, our experienced solicitors are here to support you every step of the way.

How We Help You

At Smith Partnership in Leicester, we offer a comprehensive range of services to guide you through all aspects of wills and probate. Whether you're planning for the future of your children and family, managing the estate of a loved one, navigating complex inheritance tax issues or need help with setting up a trust, our experienced team provides expert, tailored legal advice. We offer a transparent approach to the cost of our services so that you know what you will pay and take, jargon-free approach to ensure that your affairs are handled with care and with you at the heart of our approach every step of the way.

We offer a choice of ways to instruct us in person at our office or using video conferencing for your convenience. We recognise above all that understanding your circumstances and getting to know you will result in the best possible advice and service.

·  Will writing and estate planning tailored to your needs

·  Estate administration, including Grant of Probate advice

·  Inheritance Tax planning and lifetime gift strategies

·  Expert guidance on trusts and Lasting Powers of Attorney (LPA)

·  Support with contentious probate, inheritance disputes, and contesting wills

·  Trust creation and administration

Meet Our Leicester Private Client Solicitors

Why Choose Smith Partnership?

At Smith Partnership in Leicester, we understand that every situation is unique. Our team understands it is often a difficult time for you when you need our help and that is why we know how important it is to take the time to listen and offer tailored advice, drawing on decades of expertise to address your specific needs. 

With a focus on providing clear, compassionate and practical guidance, we ensure you have the support and legal insight needed to navigate any challenges related to wills and inheritance with confidence.

Contact our team today

To find out how our expert team of law solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

If you do not make a Will that states you wish to leave your estate to your partner, he or she will receive nothing. The law makes no provision for a surviving partner in these circumstances. Your partner could be left in financial difficulty and forced to take expensive legal action to receive a benefit from your estate so making a Will is essential and avoids this situation.

If you have not appointed your spouse or partner as your Attorney using what is called a Lasting Power of Attorney, no, they cannot make decisions for you in relation to your money or your health. Instead, the Court decides through an expensive process called “Deputyship” who is the most appropriate person, and this may not be who you would have chosen. By putting in place a Lasting Power of Attorney you avoid this uncertainly and cost and are able to choose now who you trust to look after your money and make choices about your welfare and medical treatment.

Not necessarily. The law provides for a surviving spouse to inherit a fixed sum of money with the rest split 50:50 between children when they 18 and the surviving spouse. This could mean your house is co-owned by your spouse and your children and that your spouse does not have the full access to the estate to support their needs. Making a Will to set out what you want to happen and at what age children should inherit removes the uncertainly caused by dying without a Will.

This is called intestacy. The law sets out a series of rules that decides who inherits your estate and when.  Children may inherit your estate, and the age is set at 18 years old by law which means they may be vulnerable to influence from others or just not old enough to understand how to sensibly manage an inheritance. If Parents are alive they may also inherit your estate under the intestacy rules and if you are not married or in a Civil Partnership, your other half will inherit nothing. All of these uncertainties and undesirable outcomes can be avoided by making a Will.

Making a Will that includes a trust and ensuring that your own your house as tenants in common can help protect your share of your house on death. Using trusts can give your family control over the sale of the house, help secure the occupation of a surviving partner and give family choice of the investment of the sale proceeds if the house is sold. Wills can include very flexible and advantageous terms to help families preserve more of their estate for their loved ones.

If someone is separated but not divorced they are still married and their separated spouse would still benefit from the estate on death. Gifts in a Will to a spouse are still valid until a divorce is “absolute” and any entitlement under the intestacy rules if there is no Will is also still valid. If you separate from your spouse it is essential that your immediately update your Will or get around to making a Will if you have not done so already.

This depends upon the value of your estate, whether any inheritance tax relief such as spouse relief is relevant and the availability of specific allowances called the nil rate band and residence nil rate band. A well drafted Will would maximise the ability to reduce any potential inheritance tax both in your own estate and in the estate of your beneficiaries. Inheritance tax can apply both during lifetime, on death and during the administration of trusts. The most commonly thought of type of inheritance tax is on death and the rate of tax is currently 40%.  Gifts made during life can become subject to inheritance tax and can also affect how much inheritance tax allowance your own estate can benefit from so it is always best to take professional advice to see how your estate can be organised on death and in life to avoid falling into the many inheritance tax traps that exist.